Alice-Mary Higgins (Independent) | Oireachtas source

If there is no objection to employers putting such arrangements in place from the beginning, why not accept the amendment, which would allow employers to apply the statutory measure from day one? It is a choice. If one is choosing between two jobs, it would be good to know.

I am happy for the provisions to be subject to an additional bar or to mutual agreement in the first few months but, if both parties who are relevant and affected are happy to waive the six-month period relating to the application of this statutory measure, which has justiciability at the WRC and so on, why not allow for that? Why is the State requiring employers to wait six months before this statutory measure can take effect?

For persons who are choosing between two competing offers of employment, it seems like an unnecessary obstacle that contracts can only have this one statutory provision. We have come to a couple of other points whereby the State is imposing an assumed preference on the part of the employer on the legislation rather than allowing flexibility. If it is the preference of the employer and the employee for this statutory provision to begin from day one, why does the State want to impose a six-month waiting period? I appreciate that the Minister may wish for the sole right of initiation, which sits with the employee at the moment, to be there but surely there should be some flexibility from the State in that regard.